I.S. v. Aviva Insurance Canada (17-000942)

This preliminary hearing addressed whether the claimant was involved in an “accident”. She had fallen outside of her residence after disembarking from a vehicle which stopped to drop her off in front of her building. The fall occurred due to an uneven curb about three or four steps from the vehicle. Adjudicator Daoud concluded that the facts of loss were not an “accident,” and that the fact that a vehicle brought the claimant to the location of the incident was insufficient to establish that the use or operation of the vehicle were a direct cause of the claimant’s injuries.